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2026 DAILYLAW 40841 (KAR)

SMT. RAJESHWARI S v. S RENUKA ARADHYA

MFA/6390/2025 · 2026-09-09

Pradeep Singh Yerur

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010566622025 NC: 2026:KHC:49334 MFA No. 6390 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 6390 OF 2025 (CPC) BETWEEN: SMT. RAJESHWARI S. WIFE OF K. SHIVANNA ARADHYA AGED ABOUT 36 YEARS RESIDING AT MASTENAHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BENGALURU - 560 105. …APPELLANT (BY SRI ABHINAY Y.T., ADVOCATE) AND: 1. S. RENUKA ARADHYA SON OF LATE SHIVAKUMAR AGED ABOUT 49 YEARS. 2. SMT. S. RUDRAMABIKE WIFE OF KALYAN KUMAR DAUGHTER OF LATE SHIVAKUMAR AGED ABOUT 47 YEARS. 3. S. MAHADEVA ARADHYA SON OF LATE SHIVAKUMAR AGED ABOUT 45 YEARS. 4. SMT. S. NAGARATHNA WIFE OF VEERESH DAUGHTER OF LATE SHIVAKUMAR AGED ABOUT 43 YEARS. 5. S. MANJUNATH SON OF LATE SHIVAKUMAR Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010566622025 NC: 2026:KHC:49334 MFA No. 6390 of 2025 AGED ABOUT 41 YEARS. 6. S. RUDRARADHYA SON OF LATE SHIVAKUMAR AGED ABOUT 38 YEARS. 7. S. ESHWAR SON OF LATE SHIVAKUMAR AGED ABOUT 37 YEARS. 8. SMT. CHANDRAKALA WIFE OF SHIVAKUMAR DAUGHTER OF LATE SHIVARUDRAPPA AGED ABOUT 51 YEARS. 9. RUDRARADHYA SON OF LATE SHIVARUDRAPPA AGED ABOUT 49 YEARS. 10. SMT. SOUBAGYA WIFE OF SIDDARAJU DAUGHTER OF LATE SHIVARUDRAPPA AGED ABOUT 40 YEARS. 11. SMT. PAVITHRA WIFE OF REVANNA SIDDAPPA DAUGHTER OF LATE SHIVARUDRAPPA AGED ABOUT 28 YEARS. ALL THE RESPONDENTS ARE RESIDING AT MASTENAHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 560 105. …RESPONDENTS (BY SRI G.S. BALAGANGADHAR, ADVOCATE FOR R9) THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 25.04.2025 - 3 - HC-KAR CNR: KAHC010566622025 NC: 2026:KHC:49334 MFA No. 6390 of 2025 PASSED ON I.A.NO.II IN OS.NO.6/2023 BY II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal filed before this Court is not maintainable in view of Section 19(1) of the Karnataka Civil Courts Act, 1964 and the judgment rendered by the Division Bench of this Court in Smt. Narayanamma -vs- The State of Karnataka in Writ Petition No.17588 of 2024 (GM-RES) c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8th July, 2026, which is affirmed by the Hon'ble Supreme Court in SLP(c) No.025075/2026 dated 3.8.2026. 2. In view of the above, this Court deems it appropriate to transfer this matter to the concerned District Court for adjudication of the matter from the stage where it is stopped. 3. Accordingly, I pass the following: - 4 - HC-KAR CNR: KAHC010566622025 NC: 2026:KHC:49334 MFA No. 6390 of 2025 O R D E R i) The appeal stands disposed of for statistical purposes; ii) Registry is directed to transfer the entire record of the case, to the concerned Principal District & Sessions Judge, who may assign it to the concerned Appellate Court having jurisdiction; iii) In case there are pending applications, the same also be transferred to be considered by the learned Judge of the concerned Appellate Court, in accordance with law; iv) It is made clear that this Court has not made any observation as to the merits of the case and all rights and contentions of the parties are left open to be agitated before the concerned Appellate Court; v) Since the parties are represented before this Court, they shall appear before the learned - 5 - HC-KAR CNR: KAHC010566622025 NC: 2026:KHC:49334 MFA No. 6390 of 2025 District Judge on 07.10.2026 without awaiting any further notice. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 25